Divorced Spouse Sells Property And Commits Fraud

Added September 9, 2007 by Ilyce R. Glink

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Summary: When you get divorced you may still own property with your ex-spouse, perhaps as tenants in common. If one of the partners sells the property without the permission of the other, that spouse is committing fraud. What are the options for the other spouse?

Q: My ex-wife and I owned a property as tenants in common. I just found out she sold the entire property, even though my name is on the deed.

She signed a deed of transfer stating that she owned the house on her own. Can I report her to the sheriff for real estate theft?

A: In most places around the country, selling something that doesn't belong to you would be considered fraud. You may consider talking to your local sheriff, but you may also want to speak with a real estate attorney who can advise you on your legal options.

You may have to sue your former spouse and even the "new" owners to protect your interest in the home.

It may also be possible to unwind this deal, so that you get back the property. The buyers, if they had title insurance, would be compensated by their title company for their loss. But your first step is to talk to a real estate attorney.

Sept. 9, 2007.

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